Haulers

El Paso City Code tit. 9, ch. 9.04, art. VII

in effect

El Paso City Code § 9.04.390 Hauler permit required.

9.04.390 - Hauler permit required. A. No hauler shall collect, process, or dispose of solid waste or other materials at the authorized municipal solid waste facility or recycling facility, without holding a valid hauler permit granted in accordance with this chapter. A hauler permit issued pursuant to the provisions of this chapter shall be a mere grant or privilege during the term of such permit and subject to all terms and conditions imposed by this chapter and related laws and other ordinances and resolutions of the city. This chapter shall not be construed to require a hauler permit for the transportation of waste through the city, provided that such waste was not generated, collected, or otherwise found within the city and such waste was not disposed at the authorized municipal solid waste facility. For a hauler providing solid waste collection services, no hauler permit shall be issued under this Article VII unless the hauler enters into a franchise agreement with the city, and such agreement shall supersede any terms or provisions that conflict with the regulations contained in this chapter. (Ord. No. 17380, § 1, 8-24-2010; Ord. No. 18123, § 7, 2-4-2014)

El Paso City Code § 9.04.400 Hauler permit term.

9.04.400 - Hauler permit term. Upon the effective date of this ordinance, the city may grant a hauler permit for a term commencing on the date of the issuance of the hauler permit, as set forth in Section 9.04.390, and expiring on August 31 st of each calendar year. (Ord. No. 17380, § 1, 8-24-2010)

El Paso City Code § 9.04.410 Hauler permit application, issuance, and appeal procedures.

9.04.410 - Hauler permit application, issuance, and appeal procedures. A. Hauler permit application. To acquire a hauler permit for the first time, or to add any additional vehicles to a current, valid hauler permit, a hauler must submit an application to the department for a hauler permit a minimum of fourteen calendar days prior to the proposed commencement of collection within the city. Any currently-permitted hauler must submit an application for renewal to the director for a hauler permit a minimum of sixty calendar days prior to the expiration of the valid hauler permit. Haulers shall submit a hauler permit application in accordance with this chapter and the policies and procedures established by the director. The hauler shall, under penalty of perjury, swear that all information contained in the hauler permit application and all information submitted in connection with the hauler permit application is true and correct. At a minimum, the application for a hauler permit shall require a hauler to provide the following information: 1. The name, address and telephone number of the applicant; 2. All names under which the applicant is doing business or has conducted business during the past three calendar years; 3. A list of all proposed permitted vehicles to be used within the city for the purpose of collecting solid waste and/or recyclable materials including the following information for each vehicle: a. The state motor vehicle registration number; b. Description of chassis by year and manufacturer; c. Description of the body by year and manufacturer; d. The legal weight limit; e. The volume of the body of the vehicle in cubic yards; and f. Copy of insurance coverage for each vehicle in an amount not less than the minimum coverage required by Texas law. 4. The types of solid waste and/or recyclable materials to be collected, transported, processed, and/or disposed. 5. Proof of an executed, current franchise agreement with the city for hauler services. 6. Any additional data and information deemed necessary by the director in order to verify the accuracy of information contained in the permit application forms and attendant documents. B. Review, issuance, denial and appeal of hauler permit application. An application for an initial or renewed hauler permit submitted pursuant to this article may be granted or denied by the director. Such application may be denied for one or more of the following reasons: 1. The applicant has failed to provide some or all of the information required by Section 9.04.410A, including, but not limited to, proof of an executed, current franchise agreement with the city for hauler services. 2. The applicant has supplied false information to the city in connection with any matter regulated under this chapter. 3. The applicant has failed to pay all or any portion of the established hauler permit fee, other fees, penalties, or interest required or imposed pursuant to this chapter. 4. The applicant has failed to comply with Texas state requirements for vehicles governed by 30 TAC § 330.105. The director shall grant or deny a hauler permit application within sixty calendar days of the applicant's submission of a completed application. In the event the hauler permit application is denied by the director, the appeals process shall be conducted in accordance with this chapter. (Ord. No. 17380, § 1, 8-24-2010; Ord. No. 18123, § 8, 2-4-2014)

El Paso City Code § 9.04.420 Permitted vehicle requirements.

9.04.420 - Permitted vehicle requirements. A. Permitted vehicle ownership, identification, and appearance. Permitted hauler shall submit any changes to the information provided in the hauler permit to the director within fourteen calendar days of such change. Permitted hauler shall use only permitted vehicles identified on the hauler permit application to collect solid waste and/or recyclable materials within the city. Hauler shall solely utilize permitted vehicles within the city that are: 1. Owned or leased by the hauler; 2. Listed in the hauler permit application as a permitted vehicle; 3. Cleaned regularly and upon the request of the director as to maintain permitted vehicles in accordance with 30 TAC § 330.105; 4. Affixed to the windshield with the city permitted hauler decal as designated by the director; and 5. Identified with paint or decal on the driver's-side door, indicating hauler permit number and permitted vehicle number or letter identifier below hauler permit number. Numbers or letters must be a minimum of two inches in height and of a color contrasting to the paint color of the vehicle. B. Permitted vehicle construction and maintenance. Permitted haulers shall use only permitted vehicles identified on the hauler permit application to collect solid waste and/or recyclable materials that meet the following minimum requirements, both prior to and after the issuance of a hauler permit: 1. The permitted vehicle body shall be capable of being readily emptied; 2. The permitted vehicle shall be kept in a sanitary condition, in accordance with 30 TAC § 330.105; 3. The permitted vehicle shall be so equipped that all loading openings on the bodies have tightly fitting doors or covers which latch, clamp or fasten to keep them closed and rubber or other suitable gasket to render them leak proof, spill proof, dust proof, and odor proof to the maximum extent practicable; 4. The permitted vehicle shall be equipped with heavy-duty front hooks, loops or shackles, good and serviceable tires and other accessories as necessary for operation and/or navigation in or about any authorized municipal solid waste facility; and 5. The permitted vehicle shall meet all other requirements as determined by current and adopted State of Texas and local regulations to protect the health, safety, and general welfare of the city and the city residents. C. Inspection and documentation of permitted vehicles. The director may inspect any permitted vehicle used or proposed for use by a permitted hauler together with the contents of such permitted vehicle. Haulers shall maintain accurate documents in each permitted vehicle which identify the contents as solid waste or recyclable materials and the city, county, and state of origin of the solid waste or recyclable materials. (Ord. No. 17380, § 1, 8-24-2010; Ord. No. 17471, § 11, 12-21-2010; Ord. No. 18123, § 9, 2-4-2014)

El Paso City Code § 9.04.430 Cart, container, and roll-off requirements.

9.04.430 - Cart, container, and roll-off requirements. Permitted haulers shall provide collection of solid waste and recyclable materials with carts, containers, and roll-offs that are owned or leased by the permitted hauler and meet the following minimum requirements: A. Each cart, container, and roll-off shall be painted with or securely affixed with the owner's name and business address or telephone number on at least one side of each receptacle. Lettering shall be of sufficient size and of contrasting color to be easily visible at a distance of twenty feet; B. Each container and roll-off shall be painted, or securely affixed, with the tare weight on two opposite sides of the respective container and roll-off; and C. Each container and roll-off shall be cleaned regularly. (Ord. No. 17380, § 1, 8-24-2010)

El Paso City Code § 9.04.440 Transporting waste.

9.04.440 - Transporting waste. Each permitted hauler shall comply with the following requirements for transporting solid waste and recyclable materials within the city: A. Permitted haulers shall suitably enclose or cover solid waste and recyclable materials prior to transportation to an authorized municipal solid waste facility or a recycling facility to prevent littering, spillage of materials or fluids, and/or infiltration of rainwater inside the solid waste or recyclable materials. Tarpaulins must be used to cover compactor box openings, roll-off tops, or other openings. Tarpaulins must be kept in good repair at all times. B. Permitted haulers shall immediately clean and remove any litter and spillage of materials or fluids upon the roads caused by the permitted hauler or the permitted hauler's permitted vehicles. Permitted hauler shall remit payment to city within thirty (30) calendar days, upon written notification by the city, for any and all costs incurred by the city related to any such removal of litter, spillage of materials or fluids, and/or infiltration of rainwater caused by the permitted hauler or the permitted hauler's permitted vehicles. This provision shall be in addition to any penalties authorized elsewhere by this chapter or any other provision of law. (Ord. No. 17380, § 1, 8-24-2010; Ord. No. 18123, § 10, 2-4-2014)

El Paso City Code § 9.04.450 Disposal of solid waste.

9.04.450 - Disposal of solid waste. Except as otherwise specifically provided in this chapter, permitted haulers who collect solid waste generated or otherwise found within the city shall deliver such solid waste, other than excluded waste, to an authorized municipal solid waste facility. Haulers shall be required to comply with all posted rules at an authorized municipal solid waste facility operated by the city. Any failure of any person to deliver such waste to an authorized municipal solid waste facility or to adhere to posted rules at such facility shall be considered a violation of this chapter and is subject to enforcement in accordance with Article X of this chapter. For excluded waste, permitted haulers shall dispose of such solid waste in accordance with federal, state and local laws. This section shall not be construed to prohibit the source separation of recyclable materials from solid waste prior to collection of such solid waste for disposal. (Ord. No. 17380, § 1, 8-24-2010; Ord. No. 18123, § 11, 2-4-2014)

El Paso City Code § 9.04.460 Hauler records.

9.04.460 - Hauler records. Each permitted hauler shall maintain current customer records, including customer name, address, service level information, and routing records, including permitted vehicle number, collection day and daily routes. In addition, each permitted hauler shall keep such records, including scale house tickets, receipts, invoices, and other pertinent papers, in such form as the director may require and for a period no less than two consecutive calendar years. Such records shall include, but not be limited to, documents identifying the authorized municipal solid waste facility or recycling facility where solid waste and recyclable materials collected in the city were delivered for proper transfer, storage or disposal. The director may examine the books, papers, records, financial reports, equipment, and other facilities of any permitted hauler in order to verify compliance with this chapter. (Ord. No. 17380, § 1, 8-24-2010; Ord. No. 019541, § 3, 9-26-2023)

El Paso City Code § 9.04.470 Violations.

9.04.470 - Violations. A. Notice of correction. The city shall issue a written notice of correction to a driver of a permitted hauler who fails to meet the requirements of a haulers permit. 1. The responsible party in receipt of a written notice of correction shall complete any and all necessary corrective actions to correct and remediate the documented violations within seven calendar days; and 2. Upon completion of the necessary corrective actions, the responsible party shall provide a written or verbal description of the corrective action within seven calendar days to the city official identified on the written notice of correction, or for matters that cannot be reasonably corrected and remediated within seven calendar days, the responsible party shall provide a written statement indicating how compliance with the provisions set forth in this chapter will be achieved within seven calendar days to the city official identified on the written notice of correction. B. A written citation shall be issued by the appropriate city official, to a permitted hauler who violates any provision set forth in this Article VII, such as in the case of a responsible party who fails to correct and remediate the documented violation on written notice of correction within the seven-day period or other period allowed in this subchapter. C. Delinquent fees. If the holder of any hauler permit issued pursuant to this chapter becomes delinquent in the payment of fees, the director is authorized, upon ten calendar day's notification to the hauler, to refuse access to city disposal facilities. The director may further, upon thirty calendar days notification, suspend such hauler permit, as provided in 9.04.480. D. History of delinquency. If the holder of any hauler permit has a history of delinquency in payment of fees as evidenced by having been issued more than one notice from the director, such permitted hauler shall be required to establish an account with the department and shall pay the estimated monthly amount of such fees in advance each month. The estimated monthly amount shall be as established by the director. (Ord. No. 17380, § 1, 8-24-2010)

El Paso City Code § 9.04.480 Suspension, revocation of hauler permit; appeals.

9.04.480 - Suspension, revocation of hauler permit; appeals. A. Suspension of hauler permit. 1. For any permitted hauler that has been named as a responsible party and been issued three written notices of correction by the city within a consecutive twelve-month span, the director may suspend the hauler permit for such hauler. 2. A hauler that has had its hauler permit suspended is eligible to re-apply for a hauler permit sixty days from the date of suspension. 3. A hauler may appeal the suspension of its hauler permit in accordance with this subsection. B. Revocation of hauler permit. 1. A hauler permit may be revoked for any of the following reasons: a. The hauler has had two prior suspensions in a consecutive twelve-month span; b. The hauler interferes with an investigation of the director in the performance of official duties; c. A hauler operates under a suspended hauler's permit; d. After having received written notice from the city that a franchise agreement is required within thirty days of the issuance of the hauler's permit or the effective date of this ordinance and after said period of time, hauler has not entered into a franchise agreement with the city; e. Hauler's franchise agreement required by Chapter 9.04 of the City Code is revoked by the city. 2. For any permitted hauler that has had its hauler permit revoked by the director, the hauler shall not be eligible to receive a hauler permit for a period of twelve months from the date of written notice of revocation from the director for that hauler. C. Hauler permit appeals. 1. If the director denies an application for a hauler permit or suspends or revokes a hauler permit, the director shall prepare a report within ten business days of taking such action, indicating the reasons for the denial, suspension or revocation. The director's decision is final unless, within ten calendar days from the date of receiving the director's notice of the action, the appealing party files with the city clerk a written appeal to the city manager specifying reasons for the appeal. Said appeal shall also include a written rebuttal to the director's report. 2. The city manager or his designee shall review the director's report and the appellant's rebuttal. The city manager or his designee shall make a ruling on the appeal within a reasonable period of time after the appeal has been filed. 3. The city manager or his designee shall sustain, reverse or modify the action of the director. The decision of the city manager is final. (Ord. No. 17380, § 1, 8-24-2010; Ord. No. 17471, § 12, 12-21-2010; Ord. No. 019541, § 4, 9-26-2023)

El Paso City Code § 9.04.490 Ownership of solid waste and recyclable materials.

9.04.490 - Ownership of solid waste and recyclable materials. Title to all solid waste and recyclable materials placed for collection shall be vested in the permitted hauler upon collection of a cart, container, or roll-off by the person discarding of such solid waste and recyclable materials at the collection location. For solid waste and recyclable materials that the authorized municipal solid waste facility and recycling facility is prohibited by law or permit from processing or disposing, the responsibility for properly discarding of such solid waste and/or recyclable materials shall remain with the person generating such waste and only be transferred to the permitted hauler upon collection of such waste by permitted hauler. Scavenging by any person from any cart, container or roll-off placed for collection within the city is prohibited. (Ord. No. 17380, § 1, 8-24-2010; Ord. No. 18123, § 12, 2-4-2014)

El Paso City Code § 9.04.500 Permitted hauler recycling rebate.

9.04.500 - Permitted hauler recycling rebate. A. Excluding the city, permitted haulers will be eligible for a recycling rebate for recyclable materials identified as commercial recyclable materials by article v and collected from commercial properties and mixed-use properties in the city provided that such permitted hauler meets the following requirements: 1. Permitted hauler is in good standing with the city; 2. Permitted hauler has not received more than two written notices of correction from the city during the prior twelve calendar months; 3. Permitted hauler has entered into a written agreement with the city for the permitted hauler recycling rebate program; and 4. Other requirements as established by the city. B. The permitted hauler recycling rebate shall be applied quarterly to the established tipping fees paid to the city for solid waste disposed by such permitted hauler at the authorized municipal solid waste facility for the prior three calendar month period. The permitted hauler recycling rebate calculation shall be developed by the city manager or his designee. The permitted hauler recycling rebate amount shall be set by resolution of the city council. The permitted hauler recycling rebate shall not apply to construction or demolition waste. (Ord. No. 17380, § 1, 8-24-2010; Ord. No. 17471, §§ 1, 13, 12-21-2010; Ord. No. 18123, § 13, 2-4-2014)

El Paso City Code § 9.04.510 Emergency powers; right to assume collection.

9.04.510 - Emergency powers; right to assume collection. A. The city may assume responsibility for all or part of the collection of solid waste within the city should the city determine it to be in the best interest of the health and welfare of the citizens of the city. Such action shall be on a temporary basis within which time a hearing before the city council is held to determine whether to continue this emergency action. B. Prior to any hearing described in Subsection A. of this section, a written notice to all affected permitted haulers setting forth the time, place, and purpose of such hearing shall first be sent via electronic mail and then a hard copy of said notice shall be mailed within a minimum of seventy-two (72) hours to the last known addresses of such permitted haulers. C. The proceeding shall be conducted informally with the procedures established by the city manager in consultation with the city attorney. All interested parties, including the city manager or his designee, shall be allowed to present any evidence, documents, or statements in support of their position. The city council shall then determine whether the action described in Subsection A. of this section should be made permanent or whether any other action by the city council is appropriate under the circumstances. (Ord. No. 17380, § 1, 8-24-2010)

Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT9HESA_CH9.04SOWAMA_ARTVIIHAFetched: 10/28/2026